New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-02
TIE MAN WHO SAYS He Is PAINE's HEIR.
Jouy II. wARDwELL TEsrrFIEs IN THE WILL CASE
........>... " sIIMANY.

JOHN H. wARDwELL TEsTrFIEs IN THE WILL CASE
DENYING OTHER TESTIMONY.
In the Paine will yesterday the entire session
was occupied with the examination OF John H. ward
wall who seeks 10 obtain the wealth Of the miser
tho allegation that Paine made Will IN his FAVOR.
There was shown to hin the power of attorney about
rhich expcrts have testified and which WIS signed by
Paine He said he wrote the first part OF it at his Office
and the latter part he added at the dictaon OF Colonel
Ethan Allen The entire paper was IN It's present con
iron when Paine signed il. He explained the use OF
different kinds OF ink in the document by saying that
he mad double inkstand his desk IN his once con
tanning two kinds Of ink lie denied some OF the state
meuts of Noah b. Price saying tbat he had never sara
10 him that neither he any one else had ever seen
Paine sim his name. He first heard of the death OF
Paine ON Sunday December u. The transaction OF
ohta,ning money N Paines bonds throngn Sheldon
Co occurred on the day before 49, ~ 49,
Mr.. Wardwell related that on calling al NO 70 -
At to see Paine he was first informed that ne
was dead The landlord, MIR. Luer, told HIN that
Paine had expressed great anxiety to see HIM tine W.T.
ness) before he died Luer spoke trensn anu
UAspremont translated what be said. They said
they had found no papers among Palnes effects that
he had been robbed two weeks before his death anu
had said that valuable papers had been taken. , ne
itne,s related that by advice of counsel he went TO
Boston and saw the heirs, obtaining their signatures
10 an ,rermcnt that he should take out letters Oh ad
ministraton These heirs were Mrs Eiilaoeth faine
Patch. Charles W. Claggett and Henry NJ. Claggett
FIo found Mrs. Patch IN poor circumstances ne solu
her that Paine had lett few thousand dollars ana ne
fnlH attorneys
ness did not know that Paine had lett largo fortune
until he heard the testimony iot Mr.. Chickering ~
court The first information that the witness OBTAINED
in regard to the $4,000 belonging to Paine depostea
in tie bank came TO him from Colonel Allen, who told
him that a lawyer named Starkweather had ieit ms ms
card saying that he knew " here the money wa. au9
xitness xDressed his irpriso. CONTRACT ater"aru
mado with Stark weather promising him percentage
was drawn by tho witness at the dictaon Oh ooionoi
seyeral letters from Pnne to Wardwell written for
the most part in 1881 were read. There was nothing
IN them to indicate that the TWO men were on specially
intimate terms. -.
The witness said he never Paine begging or eat
ing refuse food He denied many OF the statements Oh
witnesses Tor the proponents and said sum tnihg
40 setting 10 n false wi has never been spoken OF by
80. 70 any ono or by any one to me-" Mr.. Chickerng
had told him that he had heard that Paine ha made
will in favor the nin-ss but that ho doubted II IL
could be found. D'Aspremont. who knew about the
will having made in his favor, had said to HIM
| When YOU get that wen be happy" Wardwell do
ME that ne had seen Paine under tine inruenoe
of houor and said he had told Mrs. Muller that he
would lock Paine up hospital and enjoy the money
lett by the will of his brother, Robert Treat PANE ne
never showed her thu power oil attorney or spoke 10
ber about it, and never told her that he would nave
nothing do with the Odd bundle oil rags, sI!uuln
to Paine. She pro osed to him To make ncu.i9; !;
will He thou lit il Joke but when he fonnd IL
was not he refused to have ANYTHING 10 40 Win ner
A written statement which, no SAID, she had made an.
offered to sgn tor him was placed IN e,iuence. 81
forth that she knew of Panes friendship tor W ara
we'll and knew that the miser intended TO leave Ms
money to hum -. 1900 .,,., ,,, ~ h
On cross-eNamiiat'oh inc Witness Voc "o ..,, "a
had not before this gone on the STAND anu as man ~
| honor retuted the statements against him. He replied
that is Impulse to do but no was acting under
the advice of counsel lie said he was in the seven
teth year OF his axe. His exnmnsuoh was M. III
ishedwhen the sOurt adjourned until III III. W o"y'
QUEER COMPLICATIONS IN WILL CONTEST.
curious complication occurred iu disposng OF the es
tate of Thomas o'Conneu who died March .. 1885,
Philadelphia considerable Brooklyn property an
his will devsing hs wife, was offered for pro
hale sisters, who claimed tDat
| vas forgery ON January tho widow became mother
ten months ess day after her husbands desth e
rIa,med that IL poshumous child, and IL this caiu
ia upheld viii becomes null and twoshirds OH es'a
will no ~ the child third to the moher ~ - ~
legged that weeks be his death OConnei wss 20
typhoid fever that he could not leave s ,S Ia
variety actress before she marrioo anu NC
| husband kept motel
BITS OF LEGAL NEWS
sr>pfed veathrday Justice Andrews